CPSC Consumer Ombudsman to Have Five-Part Mission

CPSC's recently created position of consumer ombudsman will have five broad mission goals. According to the position's charter (viewed by PSL), those involve helping to ensure that consumers and CPSC understand each other's perspectives; supplying plain-language explanations of CPSC processes, procedures, scientific principles, and technical information; aiding representation of consumer views at CPSC; educating and advising consumers and consumer groups; and supporting consumer engagement with CPSC.

The position is held by Jonathan Midgett, who has been with CPSC since 2001, most recently as science and policy advisor for Commissioner Elliot Kaye since 2014. He moved to the ombudsman position in April. Stakeholders got confirmation of the position last winter at the annual ICPHSO conference (PSL, 3/2/20) although the likelihood arose earlier at a hearing on CPSC's then-draft FY2020 operating plan (PSL, 9/30/19). The new ombudsman is under the Executive Director office. The job is modeled on the small business ombudsman, created in 1996 and reinvigorated in 2010 (PSL, 9/24/10).

The charter also outlined seven areas outside of the duties or authority of the consumer ombudsman: giving legal advice or determinations; setting or delaying deadlines; making agency decisions; making or authorizing CPSC policies, priorities, or activities; modifying or interfering with laws, regulations, etc. enforced by CPSC; disclosing or discussing enforcement matters such as investigations, litigation, or civil penalties; and disclosing or discussing any human resource issues.

Additionally, the charter gives more detailed information on allowed activities. Verbatim, they are to:

• "Analyze issues currently before the Commission, or likely to arise, and develop views and interpretations on those issues from a uniquely consumer perspective."

 

• "Build partnerships with external stakeholders to help the Agency identify potential emerging hazards."

 

• "Synthesize and provide feedback from consumer advocates and regulated stakeholders on the Agency’s regulatory agenda and priorities to the relevant internal stakeholders."

 

• "Publish educational materials for enhancing consumer understanding of CPSC activities and procedures in accessible formats and venues, with clear and easy to understand language, consistent with agency policy."

 

• "Assist consumers in identifying the appropriate CPSC staff, offices, resources, or procedures for posing questions, submitting comments and recommendations, or resolving complaints."

 

• "Meet with consumers on an ongoing basis and ensure that the Office of the Executive Director and the Commission are informed of concerns raised by that constituency regarding agency actions."

 

• "Assist the Voluntary Standards Coordinator in identifying consumers who may be appropriate for roles in voluntary standards consensus processes."

 

• "Track and answer public inquiries regarding agency rules, policies, and activities in an organized, responsive, timely, and accurate manner."

 

• "Enable and maximize solution-oriented dialogue between consumers and other stakeholders."

 

• "Promote effective agency communication with consumers."

 

• "Serve as an advisor and provide non-binding recommendations to the Chairman, the Commission, and CPSC staff to resolve issues regarding CPSC’s regulatory activities directly and substantially affecting consumers."

 

• "Maintain relationships with inter-agency liaisons (federal, state, and local government agencies) to facilitate engagement with consumers."

 

• "Identify new, relevant organizations to increase information distribution and drive greater consumer response."

 

• "Facilitate contact between consumers with similar regulatory interests."

 

• "Consult with consumer advocates and other stakeholders to ensure their educational needs are being satisfied by the agency."

 

• "Organize and host outreach events and activities to engage and educate diverse consumer interests."

 

• "Provide training, advice, and assistance to relevant CPSC staff on interactions with consumers."

 

• "Upon request, review staff work products with consumer-related content, or advise staff on the development of consumer-related content."

 

• "Establish cooperative relationships with a broad network to help explore and resolve controversial matters."

 

• "Enhance the agency’s ability to interact when engaging with victims and victim-advocates."

 

• "Refer questions to the Office of the General Counsel or the Office of the Executive Director as appropriate."

Meanwhile, a Q&A document gives some views by Midgett about the new position, including on:

Goals:

"My immediate goal is to let people know that the position of consumer ombudsman has been filled and that I am ready to help them. I want to establish a presence on CPSC’s website and begin creating communication channels…"

"…In the long term, we want to create materials that enhance consumer understanding of the agency and promote participation in safety-related activities, such as voluntary standards and public education campaigns. We want to build networks for collaboration and content sharing so that consumer safety is advanced."

Recalls and recall effectiveness (his emphasis):

"Ideally, we want to work ourselves out of a job. I am a strong advocate for incorporating consumer’s needs into the product design process, so that products don’t need to be recalled. In my new role, I also want to encourage innovators to make recalls as easy as possible for consumers to hear about and respond to using new technologies…"

"… We need to work together to reach as many consumers as possible and constantly expand our network of organizations that can reach consumers with the right information at the right time. For example, I hope to build a network of consumer interest groups (hobbyists, affinity groups, clubs) because I want to make sure that those folks are getting our safety messages. If a consumer loves a product enough to belong to a club dedicated to it (say, a biking or off-road-vehicle club), reaching out to those clubs is a great way to reach those consumers – both to give them safety information and to hear their perspective on agency actions. I predict that we are going to see technology innovators who create methods of communicating with consumers that do not threaten consumer privacy."

Rulemaking activity:

"Rulemaking procedures won’t change, of course, but the Consumer Ombudsman may be asked to comment on consumer-related issues or to summarize consumer concerns for the Commission. Consumers who need extra help with voicing their concerns or in providing feedback to the Commission now have a person dedicated to helping them understand the process of making a contribution to a rule. I can help consumers formulate a response that is as helpful to the Commission as possible."

Having a "consumer voice" at CPSC:

"I want to provide staff with more resources for understanding consumer-related issues, so that decisions are fully informed about consumer perspectives. The Consumer Ombudsman will be a conduit for networking with consumers, so that they can engage with the agency and so that agency staff can reach out to consumer groups. I will also always be available to the Commissioners to provide the consumer perspective on agency policy."